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I got back from mediation, the lawyer wanted me to drop the case and get nothing for it. I'd rather not go into the full details of it because this is public but he's 100% confident on his side and I'm 100% confident he's wrong because he doesn't have the full story. Hell he only validated half the stuff in the mediation and was befuddled over everything else. Alright next step is to wait for my court date! I'll keep yall posted.
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Mar 10, 2015 19:49
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Veskit posted:I got back from mediation, the lawyer wanted me to drop the case and get nothing for it. I'd rather not go into the full details of it because this is public but he's 100% confident on his side and I'm 100% confident he's wrong because he doesn't have the full story. Hell he only validated half the stuff in the mediation and was befuddled over everything else. Wow that went worse than I think all of us thought... Good luck!
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Mar 10, 2015 20:25
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Do you have a lawyer handling this? Why did you have to show up? In other news, my attorney has gone through all my notes and now has three suits in process against three companies 
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Mar 10, 2015 20:28
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revmoo posted:Do you have a lawyer handling this? Why did you have to show up? No lawyer here would take the case on contingency so nope just little ol me! OssiansFolly posted:Wow that went worse than I think all of us thought... He alluded to some things in his answer and they're confident that that will carry their case through. it 100% won't but I'm not going to throw it out in mediation. He said his client didn't even give him settlement power. They really want to make a case out of me. When it goes to court I can explain everything and how it went and if I win a big giant gently caress you and show how public it is.
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Mar 10, 2015 20:36
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I'm surprised nobody will take your case on a contingency. Hell, my attorney has shelled out 1200 bucks in filing fees already on my cases, and two of them don't have the best evidence (the violations are real but my proof is a little light). You know you don't have to use a local lawyer right? In fact you're better off using a national firm that does nothing but suing collection agencies.
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Mar 10, 2015 21:47
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That medical debt not counting nearly as much in FICO is great news, hopefully this is the first step toward getting rid of the entire awful loving concept in the first place. Oh so I reviewed my recording of the conversation with the police, and at one point the pi--er, cop says the exact amount of my debt. It's lawsuit time.
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Mar 11, 2015 05:21
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Boten Anna posted:That medical debt not counting nearly as much in FICO is great news, hopefully this is the first step toward getting rid of the entire awful loving concept in the first place.
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Mar 11, 2015 05:56
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SiGmA_X posted:Did you call the non-emergency number and verify the cops badge number is real? If not, I'm sure the police would help you go after impersonation... Either way - time to lawyer up. Yes, I called and confirmed that he was an actual police officer for the city with a valid and matching badge number. Because yeah, if they engaged in impersonating a police officer, it would be time to completely destroy the place with a swarm of lawyers. Now it's "just" an egregious violation of the FDCPA.
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Mar 11, 2015 07:08
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So I've received a court summons. Blah... Anyhow I never received a collections notice from this agency (as far as I know, I suppose its possible it was thrown out before opening). So can/should I request validation of the debt in the courtroom or anything like that? Is there anything I should bring? Not looking forward to this.
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Mar 11, 2015 07:57
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I'm asking this on behalf of someone else. She placed an online order for an item and paid via Paypal. The order was confirmed and the money was charged, but she never got the item. It was never even shipped, according to UPS. After a lot of back and forth between her and various managers at the company scratching their heads about what happened with the item, she opened a Paypal dispute and eventually she got a refund through Paypal about 6 months ago. Now a collections agency is haranguing her about it. Is this even legal, and can they legally do anything?
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Mar 16, 2015 14:57
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Pixelated Dragon posted:I'm asking this on behalf of someone else. Paypal investigates disputes, so I would get the information they obtained prior to issuing the refund. From there you can piece everything together as to what happened. I can't see why they would have any grounds to send anything to collections if there is evidence that the package was never shipped and Paypal reversed the charge because of it.
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Mar 16, 2015 15:01
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OssiansFolly posted:Paypal investigates disputes, so I would get the information they obtained prior to issuing the refund. From there you can piece everything together as to what happened. It seems like it would be handled like a chargeback through a CC company. Do those ever go to collections?
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Mar 16, 2015 15:06
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Pixelated Dragon posted:It seems like it would be handled like a chargeback through a CC company. Do those ever go to collections? I wouldn't say never, because I assume it happens. I'd say that it is rare because there are usually investigations done before refunding money. Paypal is different than a CC though. Paypal will usually (in my experience) attempt to contact the other party to confirm the dispute before just issuing a refund. The couple times I used it they did speak with someone before refunding the money.
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Mar 16, 2015 15:09
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Pixelated Dragon posted:It seems like it would be handled like a chargeback through a CC company. Do those ever go to collections?
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Mar 16, 2015 15:38
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SiGmA_X posted:Sounds like your friend needs to get their support in line and show it to the collectors. gently caress that noise. It's not their problem what this shady rear end company did, and I wouldn't spend any more time than it took to write a cease-and-desist letter to the collection agency. There's zero chance they can report this to credit since you don't give out your SSN for a Paypal purchase. Tell them to cease contact and move on.
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Mar 16, 2015 16:24
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lord_daeloth posted:So I've received a court summons. Blah... Anyhow I never received a collections notice from this agency (as far as I know, I suppose its possible it was thrown out before opening). So can/should I request validation of the debt in the courtroom or anything like that? Is there anything I should bring? Not looking forward to this. How was it served? Did you actually sign for it if it was mailed? And are you sure it's a legit court summons? Sometimes agencies will send you some official-looking papers claiming that a lawsuit is already in motion so you better pay up. It's a scare tactic. AFAIK your best bet now is to request proof that you actually owe this alleged debt in the alleged amount that they are demanding. It's called discovery. I think someone else could probably give you more information on this but be assured that there are ways to make it really hard to for them to go through with it. Collections agencies sue people because they trust that most victims will just bend over and take it. You really should talk to a consumer debt lawyer. Pixelated Dragon fucked around with this message at 17:12 on Mar 16, 2015 |
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Mar 16, 2015 17:09
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Pixelated Dragon posted:How was it served? Did you actually sign for it if it was mailed? Yeah, it was a legit court summons, served by someone from the Sheriff's office and all that. So, what happened is the card company sent it to a collection agency (who I did receive a notice from) and when I sent the verification request all they sent me was a signature page. Not sure if that counts, but whatever, I was simply going to wait to hear more from them and never did. Turns out they sent the debt back to the card company and THEY hired a lawyer directly (this is all confirmed with the card company). Forget the term they used. Not sure if this is all legit and it was probably dumb of me but I worked out a settlement upon learning all this for no-interest/really cheap payments. Its on the full amount, but whatever, at least I don't have to worry about insane payments or wage garnishment. I can't help but feel that there is something slimy about a collector going after me and then sending the debt on to someone else, even if that someone else was the original creditor. I know I'm wrong about that but, ugh, makes it hard to keep track of this crap when my debt keeps bouncing around to different agencies. Trying to put together stuff for bankruptcy and that sort of thing doesn't help.
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Mar 16, 2015 17:30
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My Pre-Trail is in April. Now I get to figure out how a pre trial works in this state. Is there any handy dandy flow chart or something I can use so I can pretend to be Phoenix Wright in court? Just a nice little thing so that I know when to say what, or at least have some bearing on what the lawyer is saying.
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Mar 16, 2015 17:36
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lord_daeloth posted:Yeah, it was a legit court summons, served by someone from the Sheriff's office and all that. So, what happened is the card company sent it to a collection agency (who I did receive a notice from) and when I sent the verification request all they sent me was a signature page. Not sure if that counts, but whatever, I was simply going to wait to hear more from them and never did. Turns out they sent the debt back to the card company and THEY hired a lawyer directly (this is all confirmed with the card company). Forget the term they used. Not sure if this is all legit and it was probably dumb of me but I worked out a settlement upon learning all this for no-interest/really cheap payments. Its on the full amount, but whatever, at least I don't have to worry about insane payments or wage garnishment. I can't help but feel that there is something slimy about a collector going after me and then sending the debt on to someone else, even if that someone else was the original creditor. I know I'm wrong about that but, ugh, makes it hard to keep track of this crap when my debt keeps bouncing around to different agencies. Trying to put together stuff for bankruptcy and that sort of thing doesn't help. Was it Capital One? Since the Great Recession they're been very aggressive with suing consumers directly for debts. revmoo posted:There's zero chance they can report this to credit since you don't give out your SSN for a Paypal purchase. Bullshit. Stop spreading misinformation.
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Mar 16, 2015 21:03
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AuntBuck posted:Was it Capital One? Since the Great Recession they're been very aggressive with suing consumers directly for debts. Barclay actually. Just strange as it doesn't seem financially worth it to sue directly unless the amount owed is huge. Its not like they can recoup the lawyer fees. Of course, corps. like that probably have their own in house law teams, so whatever. Not a perfect outcome, but it actually felt easier dealing with the company/lawyer directly then some burnt out collections lawyer as I've done in the past. Wasn't a lot of pressure, they seemed perfectly happy taking my basically spare change monthly payments and no interest, so overall I'm happy with how it went especially since it could've been a lot worse.
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Mar 16, 2015 23:05
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AuntBuck posted:Bullshit. Stop spreading misinformation. Calm down. I did a bit of reading and it appears that this is possible but also extremely unlikely. A scammer on ebay sending someone to collections is something that a number of news agencies would be very interested to hear about. This isn't the sort of thing that happens very often (especially once the new credit rules take effect). I'd dispute the account if it showed up on my credit, but there's no way I would conduct any amount of business with a third party collector barking up a paypal fraud protection claim.
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Mar 16, 2015 23:39
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revmoo posted:Calm down. I did a bit of reading and it appears that this is possible but also extremely unlikely. A scammer on ebay sending someone to collections is something that a number of news agencies would be very interested to hear about. This isn't the sort of thing that happens very often (especially once the new credit rules take effect). I'd dispute the account if it showed up on my credit, but there's no way I would conduct any amount of business with a third party collector barking up a paypal fraud protection claim. It's irresponsible to tell someone that there's zero chance a debt collector is reporting a debt because they don't have their SSN; credit report abuses happen fairly often and companies do it because they expect people not to be proactive with their credit. I see people taking that as justification that they don't have to do anything, when in reality this could be a thorn in their side for some time. It's been a while since I've been a regular on eBay and Paypal, but I'm wondering if it's the seller or Paypal that sent the buyer to collections. I kind of suspect Paypal. What happens in a situation like what Pixelated Dragon described is that after a lengthy dispute process where Paypal reverses the charges, sometimes a scammer's able to reverse the chargeback and keep the funds, meaning Paypal is out both the original payment and the money they've already returned to the buyer. Paypal will then do all it can to get the funds back from either party. If they can't snake the funds back from the buyer's account or one of their linked bank accounts, well, they have sent people to collections for this. ohnobugs fucked around with this message at 05:36 on Mar 17, 2015 |
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Mar 17, 2015 00:21
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AuntBuck posted:It's irresponsible to tell someone that there's zero chance a debt collector is reporting a debt because they don't have their SSN; credit report abuses happen fairly often and companies do it because they expect people not to be proactive with their credit. I see people taking that as justification that they don't have to do anything, when in reality this could be a thorn in their side for some time. How would the seller be able to do this? Would he have to dispute the transaction through his bank or Credit Card company? Buyer gives 1000 USD to PayPal. PayPal passes 1000 USD to seller. Item never ships, buyer opens PayPal dispute. PayPal decided buyer should get the money back and deposits 1000 USD into the buyer's PayPal account. PayPal then deducts 1000 USD from whatever funds the seller had tied to PayPal. It could be a credit card or a bank acount. It's surprising that a credit card company or bank would back the seller in this case.
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Mar 17, 2015 19:02
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Pixelated Dragon posted:How would the seller be able to do this? Would he have to dispute the transaction through his bank or Credit Card company? I don't know how the credit reporting agency rules work, but the fact that PayPal ruled in the buyer's favor doesn't mean no debt legally exists, or that the seller believes no debt exists.
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Mar 17, 2015 19:08
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Series DD Funding posted:I don't know how the credit reporting agency rules work, but the fact that PayPal ruled in the buyer's favor doesn't mean no debt legally exists, or that the seller believes no debt exists. True, that fact alone does not mean a legal debt exists, however a legal debt does not exist in this case. In order for a debt to exist under law, two parties must enter into an agreement in which both sides receive consideration. Due to the fact that the seller failed to fulfill their end of the agreement, no consideration exists, and thus, no debt.
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Mar 17, 2015 19:17
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revmoo posted:True, that fact alone does not mean a legal debt exists, however a legal debt does not exist in this case. In order for a debt to exist under law, two parties must enter into an agreement in which both sides receive consideration. Due to the fact that the seller failed to fulfill their end of the agreement, no consideration exists, and thus, no debt. That would certainly be the buyer/friend's position. The seller may believe it had sent the item and the buyer withdrew payment afterwards. I suspect the buyer's position is correct with the facts we've been given, but you seem to be a fan of the absolutist position of "gently caress 'em, I don't have to prove anything" but if you can't actually convince the collection agency/seller to withdraw the debt as invalid with whatever evidence you have, you're stuck suing the seller if you want the item off your credit report. You might get lucky and convince some or all of the reporting agencies to pull the negative report, but more likely is they'll ask the collection agency if it's correct and leave it up if they say yes.
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Mar 17, 2015 19:46
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Credit card companies don't stand by their clients no matter what. They perform investigations. Presumably the CC company would have inquired with PayPal and PayPal would have shown them the findings of the PayPal investigation. Someone screwed the pooch if PayPal's collections agency is hounding the buyer AFTER PayPal deemed her case just. Pixelated Dragon fucked around with this message at 20:27 on Mar 17, 2015 |
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Mar 17, 2015 19:48
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Also paypal does not refund the full amount, they take a cut of it for investigative or processing fees. It's happened to me twice.
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Mar 17, 2015 21:23
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fordan posted:you seem to be a fan of the absolutist position of "gently caress 'em, I don't have to prove anything" That's right. If you don't have a prior contract with a collection agency or its client, then you absolutely no obligation to prove anything to them. This is why CRA disputes and the FCRA/FDCPA exist. fordan posted:but if you can't actually convince the collection agency/seller to withdraw the debt as invalid with whatever evidence you have, you're stuck suing the seller if you want the item off your credit report. That's absolutely fine, though there are a number of remedies before it gets to that point. fordan posted:You might get lucky and convince some or all of the reporting agencies to pull the negative report, but more likely is they'll ask the collection agency if it's correct and leave it up if they say yes. I'm sure that if you provided the information from this case to the CRAs, they would remove the item from their report. Give it to Experian, not the collectors. To be clear, my stance is based on the idea that this company has acted in a unethical manner. Once an organization has acted in an unethical way, I stop doing business with them.
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Mar 17, 2015 21:32
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Ogrel72 posted:Also paypal does not refund the full amount, they take a cut of it for investigative or processing fees.
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Mar 18, 2015 00:45
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Ran my credit report, found a collections item for last year in the sum of $180 with the 'original lender' being a local municipality. I'm guessing this is either a traffic ticket or a parking ticket, but as best as I can tell, my driving record is clean and all parking tickets are paid off. Tried disputing through the two agencies that have it. Neither agency's online dispute page seems to be working. Frustrating. Where should I go from here? Call the county? Call Experian/Transunion? Call the Collections agency? spoke with the county. it's a ticket for uninspected vehicle. Never got any notice that it was being handed over to collections though, where it's doing damage to my score. How do I get this pockmark off? Otis Reddit fucked around with this message at 17:41 on Mar 23, 2015 |
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Mar 23, 2015 16:49
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juche mane posted:it's a ticket for uninspected vehicle. Never got any notice that it was being handed over to collections though, where it's doing damage to my score. How do I get this pockmark off? You're going to have a hard time getting FDCPA protection for this item. I say try sending out a debt verification to the people who own the ticket, and then just settle with them.
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Mar 23, 2015 17:55
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Thanks for the quick reply. Turns out they'll do a PFD pretty much immediately. That's that.
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Mar 23, 2015 18:07
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Good morning, thread! I've posted here before about how my horrible family ruined my credit many years ago, a state of affairs which today is just about resolved (thanks to this thread, a few dispute letters, close monitoring, and most of all the passage of time). Unfortunately these things have a way of turning up, and yesterday I found that a garnishment had been levied against my bank account. This debt was incurred in 2007, for which a judgment was sought and granted (in absentia) in 2009. I was not served or informed of any part of these proceedings. lovely as it is, I do know that creditors need not make any attempt to verify my correct and current address when serving. This judgment was partially satisfied via a garnishment in 2010, but after that no further action was taken. So, based on common sense and the advice of credit counselors, I decided to let it lay (which still seems like it was the right idea) and focus on deleting or resolving my other debts. Unfortunately the creditor who secured the judgment, an attorney, has executed another writ of garnishment, this time for a significantly greater amount. As I understand it, the bank account and the funds present have been frozen for 20 business days. Any additional funds deposited will be held for the creditor, and transferred to them at the end of that time. I am past any reasonable statute of limitations, but I wonder if there is a way to unfreeze the account, to "undo" the garnishment, or to find some other means of resolving this issue. Somehow I doubt it is possible, but this thread has been helpful in the past so I thought I'd ask.
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Mar 26, 2015 16:48
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Contact a lawyer. If you were never served then you need to get that judgment vacated.
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Mar 26, 2015 17:05
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deptstoremook posted:I am past any reasonable statute of limitations, but I wonder if there is a way to unfreeze the account, to "undo" the garnishment, or to find some other means of resolving this issue. Somehow I doubt it is possible, but this thread has been helpful in the past so I thought I'd ask. Except they aren't collecting based on the original debt anymore, they are collecting on a judgement. That's a new timer. Often a longer timer, and one that can usually be renewed.  Options to make it go away are to do as revmoo suggests and get the default judgement vacated and hope they can't prove the debt is yours and valid (although it sounds like they are on top of things), to actually pay off the debt, or to declare bankruptcy. I don't think waiting it out will work for this debt. There are exemptions to levies on bank accounts that vary depending on the state; this looks like a good place to start: http://www.nolo.com/legal-encyclopedia/avoiding-frozen-bank-accounts.html
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Mar 27, 2015 03:29
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I loving GIVE UP AND QUIT REVMOO SEND ME YOUR LAWFIRM. This is unrelated to my case but gently caress me I can't DEAL with these loving incompetent douchenozzles i quit i'm done I can't do it. The worst part is i don't even know if this debt is loving covered or what to do or what the gently caress gently caress. Turns out I got a fix it ticket when i lived in california on my dad's car and because I was unable to go to court because i moved and even though it wasn't even my car a 35 dollar ticket turned into a 800 dollar fine that i owe a collection company WHO SUSPENDED MY LICENSE and when I sent a DV they're like "we can't find it". So now what the gently caress do I even do I don't even think this is FDCPA protected but i couldn't even PAY THEM the 800 dollars if I wanted to, WHICH I REALLY DONT WANT TO.
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Mar 27, 2015 21:06
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John Oliver just did a segment about this flavor of bullshit.
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Mar 27, 2015 21:22
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LorneReams posted:John Oliver just did a segment about this flavor of bullshit. I saw and it was very good but i've been living this hell for the past few months becauuuseeeeeeeeeeeeeeeee Tickets aren't FDCPA protect  Well not normally at least. That's a big loving reason they get to do whatever the gently caress they want.
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Mar 27, 2015 21:26
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Just moved, got a new phone number. Debt collectors for some douchenozzle who is not me keep calling because I apparently inherited his number. They won't give me the company name up front, but if I go through a supervisor they say they're from JP Morgan Chase. I've been told they're removing my number about a dozen times. Do I have anything on them if I start recording calls?
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Mar 27, 2015 23:15
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